By: Cristina N. Hyde, JD With the recent enactment of the Speak Out Act, (Pub.L. 117-224) all employers should be aware that the use of nondisclosure or nondisparagement agreements (NDAs) to silence the victims of workplace sexual harassment and sexual assault has been limited. Drafted to combat inappropriate conduct in the workplace, the Speak Out…
Tag Archives: EmploymentLaw
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Assembly Bill No. 681: Governor Murphy Expands NJLAD to Fully Prohibit Age Discrimination in the Workplace
By: Cristina N. Hyde, JD On October 5, 2021, Governor Murphy signed legislation amending portions of the New Jersey Law Against Discrimination (NJLAD) to establish a clear prohibition of ageism in the workplace. Acknowledging that people are living and working longer, and the value of their knowledge and experience, A681 (P.L.2021, c.248) expands protections afforded to…
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Efforts to Stop Worker Misclassification Continue With New Legislation
By: Cristina N. Hyde, JD On July 8, 2021, Governor Murphy reminded New Jersey residents of his commitment to address worker misclassification. By signing a four-bill legislative package he approved several administrative safeguards intended to make it more difficult to improperly classify employees as independent contractors. Through this new legislation, the Department of Labor can…
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New Jersey Employers should continue adherence to safety protocols despite the existence of fully vaccinated employees
By: Cristina N. Hyde, JD As we celebrate the availability of the COVID-19 vaccine, to say that people are eager to resume “normal life” would be an understatement. Yet, employers should not hastily cast away workplace restrictions despite an increasing population of fully vaccinated employees. Instead, according to the newest guidance issued by the Centers…
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Case Law Alert: The New Jersey Supreme Court issues a strong reminder that broken promises can lead to costly consequences
By: Cristina N. Hyde, JD Last month, the New Jersey Supreme Court reasoned that an oral promise of employment could give rise to a valid claim for reliance damages. Specifically focusing on the legal theory of promissory estoppel, the court emphasized that if evidence existed that a promise had been made with the knowledge that…
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EEOC Guidance Update: Employers can require employees to get the COVID-19 vaccine.
By Cristina N. Hyde, J.D. Last month the Equal Employment Opportunity Commission (EEOC) released guidance stating that employers can require employees to get the COVID-19 vaccine. Knowing that the vaccine’s arrival would raise questions related to the applicability of various Equal Employment Opportunity (EEO) laws, the EEOC guidance states very clearly that EEO laws “do…
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Update: Federal court partially invalidates DOL’s new joint employer test
By: Cristina N. Hyde, JD Last week, United States District Judge Gregory Woods partially struck down the Department of Labor’s (DOL) new joint employer rule; holding that portions of it conflict with the Fair Labor Standards Act (FLSA) and are arbitrary and capricious. State of New York, et al. v. Eugene Scalia, et al., No….
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H.R. 7010: New Amendments to Paycheck Protection Program Afford Employers Increased Flexibility Related to Loan Forgiveness
By: Cristina N. Hyde, JD Last Friday, President Trump signed H.R. 7010 into law. Otherwise known as the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), it is meant to amend provisions of the Small Business Act and the CARES Act so as to address concerns related to loan forgiveness under the Paycheck…
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The Diane B. Allen Equal Pay Act Explained: March 2020 Guidelines Provide Explanation of Purpose and Application
By: Cristina N. Hyde, JD Last July, the New Jersey Diane B. Allen Equal Pay Act (the Act) effectively expanded protections against pay discrimination and retaliation under the New Jersey Law Against Discrimination (NJLAD). Almost a year later, the New Jersey Division of Civil Rights (DCR) has published guidance intended to offer clarification and assistance…